Upon motions by the defendants for summary reversal of the district court's decision, 2 ELR 20659, or for a stay of the injunction granted there pending appeal, the court denies both. Counsel will be found at the district court opinion., full_html...
NEPA neither requires nor precludes a moratorium on continuing projects begun before its enactment, while an environmental impact statement is being prepared. Because the evidence is not sufficient to justify the issuance of a preliminary injunction and because the spraying of 2-4 D to kill hyacinth...
A town may restrict large scale developments until it has a master plan developed for orderly growth and development. During the period that such large-scale developments are restricted, a land developer may not circumvent the development ordinance by selling individual lots and claiming that the pu...
Madison Township enacted an orinance forbidding approvals of any subdivision plans until zoning ordinances were revised in accordance with a comprehensive plan. A later, clarifying ordinance permitted "present owners of land . . . to build residences on their property for their own occupan...
A municipality that zoned large tracts of land exclusively for low-density, high-cost housing on the grounds that the township needed a "breathing spell" from fast population growth, may not use that zoning law as a means of evading its fair proportion of the obligation to meet the housing needs of ...
In an action to annual an order of the Interstate Commerce Commission which authorized the abandonment of a freight railroad serving Bush Terminal in New York City, the city and state of New York argue insufficient compliance with NEPA, noting that replacement of the railroad by truck service could ...
Because strong public policies are promoted by this suit, because numerous people have received benefits from plaintiffs' litigation success and because only a private party could have been expected to bring this action, the court exercises its equitable powers and awards attorney fees and expert wi...
In a suit to enjoin the dredging of the New Haven, Connecticut, harbor and the deposit of the dredged materials into Long Island Sound because of the failure of the Army Corps of Engineers to prepare an environmental impact statement, plaintiff Sierra Club has standing in that it alleges injury-in-f...
The court dismisses a counterclaim by Humboldt Fir, a logging company, against the Sierra Club, which had sought an injunction against logging in a national forest near the Salmon-Trinity Alps Primitive Area in Northern California pending a review of the area for inclusion in the National Wilderness...
In order to be considered a navigable water within the meaning of the 1899 Refuse Act, a body of water must meet a threefold test of navigability: It must be presently used or suitable for use; or it must have been used or suitable for use in the past, or, thirdly, there exists the possibility that ...